Watkins v. Murphy

Filing 26

ORDER signed by Magistrate Judge Allison Claire on 4/26/2018 ORDERING plaintiff's 24 "brief" filed 4/23/2018 shall remain on the docket but will be DISREGARDED.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES WATKINS,

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Plaintiff,

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No. 2:17-cv-1041 JAM AC P

v.

ORDER

D. MURPHY,

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Defendant.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights

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action. Plaintiff has filed a document entitled “Plaintiff Brief in Opposition Motion for

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Defendants Answer” (sic). See ECF No. 24. Plaintiff is informed that neither the Federal Rules

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of Civil Procedure nor the Local Rules of this court provide for the filing of a brief in opposition

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to an answer to a complaint. Therefore, plaintiff’s filing will be disregarded. Plaintiff may, at the

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appropriate time, present the same information in a sworn affidavit with exhibits filed in support

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of a motion for summary judgment or in opposition to defendant’s motion for summary judgment.
This is the second time the court has informed plaintiff that he has filed inappropriate

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documents in this case. See ECF No. 25. Plaintiff is cautioned to refrain from filing documents

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unless they are authorized by the Federal or Local Rules or by order of this court. Further errant

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filings will be viewed with disfavor.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s “brief” filed April 23, 2018, ECF
No. 24, shall remain on the docket but will be disregarded.

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SO ORDERED.

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DATED: April 26, 2018

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